Laserfiche WebLink
Proposed Civil Penalty Assessment <br />Seneca Coal Company/The Seneca II-W Mine <br />NOV CV-2003-002 <br />May 14, 2003 <br />Materials reviewed: DMG Inspection Form (3/19/03-4/17/03); DMG NOV Form (4/17/03). Comments <br />from the permittee were not submitted. <br />History [Rule 5.04.5(3)(a)]: <br />There have been no NOVs issued to this permittee within the 12 month period preceding the <br />issuance date (4/17/03) of this NOV. <br />The History component is therefore proposed to be set at $0. <br />Seriousness [Rule 5.04.5(3)(b)]: <br />The Seriousness component of a proposed assessment may range from $0 to $1750. The amount <br />proposed depends upon whether the violation was one of performance requirements or of <br />administrative requirements. This NOV was written for a violation of performance requirements <br />In the case of a violation of performance requirements, the amount to be assessed for Seriousness <br />depends upon (1) the probability of the occurrence of the event which a violated standazd is <br />designed to prevent, and (2) the duration and extent of the potential or actual damage in terms of <br />area and impact on the public or environment. <br />(1) Events that the cited performance standazds aze designed to prevent did in fact occur. Failure <br />to maintain haul road ditch HRD-A2-ME-5 resulted in water breaching the ditch, eroding the <br />outslope of an neazby pond embankment, and depositing sediment onto a reclaimed area of <br />approximately 600 squaze feet in size and into a creek bed. <br />(2) The extent of actual environmental damage associated with this NOV appears to have been <br />relatively small. The impact upon the public associated with this NOV appeazs [o be zero. <br />The Seriousness component of this assessment is therefore proposed to be set at $250. <br />Fault [Rule 5.04.5(3)(c)]: <br />The fault component of a proposed civil penalty assessment may range from $0 to $1500. <br />Assessments of "unavoidable" violations may range from $0 to $250. Assessments For violations <br />[hat were the result of "negligence" may range from $250 to $750. Assessments for violations that <br />resulted from "intentional conduct" may range from $750 to $1500. <br />The DMG inspection report notes that the ditch cited in [his NOV was partially filled in and <br />crossed by vehicle tracks on the morning of 4/16/03, indicating company personnel were present <br />at the ditch at the time it needed maintenance. This suggests a moderate degree of negligence. <br />The Fault component is therefore proposed to be set at $500. <br />Good Faith in Achieving Compliance [Rule 5.04.5(3)(d)]: <br />This NOV has not yet been fully abated. <br />Good faith credit is therefore not proposed at this time. <br />The Total Proposed Civil Penalty Assessment for this NOV is therefore set at $750. <br />